- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Any person who introduces water into the public water supply system is guilty of an offence.
(2)Any person who uses the public water supply system for the purposes of supplying water to the premises of another person is guilty of an offence.
(3)Any person who makes arrangements for or in relation to the supply of water to the premises of another person through the public water supply system is guilty of an offence.
(4)Subsections (1) to (3) do not apply to—
(a)Scottish Water; or
(b)another person if (and to the extent that) the person is acting on behalf of Scottish Water or under its authority.
(5)Subsections (2) and (3) do not apply to a person if (and to the extent that) the person is supplying water with the help of services provided by Scottish Water as described in section 30 of the 2002 Act”.
(6)Subsection (3) does not apply to a water services provider where the provider is acting as authorised by the water services licence held by the provider.
(7)The Scottish Ministers may by regulations—
(a)specify other circumstances in which subsection (1), (2) or (3) does not apply; or
(b)specify that subsection (1), (2) or (3) does not apply—
(i)to such other person or to such category of person; and
(ii)to such extent and subject to such conditions,
as may be specified in the regulations.
(8)The Scottish Ministers are to consult—
(b)the Commission; and
(c)such other persons as they consider appropriate,
on any regulations they propose to make under subsection (7).
(9)It is competent to make regulations under subsection (7) only if the effect of the regulations would not be prejudicial to the exercise of Scottish Water’s core functions as respects the supply of water.
(10)A person who is guilty of an offence under subsection (1) is liable—
(a)on summary conviction, to a fine not exceeding £20,000; or
(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.
(11)A person who is guilty of an offence under subsection (2) or (3) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment, to a fine.
(12)Any contract or other agreement which involves a contravention of subsection (1), (2) or (3) is unenforceable.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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